State v Nakabiti [2012] FJMC 230; Criminal Case 203.2012 (1 October 2012)

IN THE RESIDENT MAGISTRATE'S COURT OF NAVUA

Criminal Case No: - 203/2012

STATE

V
OPETI NAKABITI

For Prosecution : - Sgt. Lenaistasi
Accused : - Mr. Tawake from Legal Aid as Duty solicitor

SENTENCE

1. OPETI NAKABITI, you pleaded guilty for the offence of Theft contrary to s.291 of the Crimes Decree No 44 of 2009 on 01/10/2012.
   
2. According to the summary of facts which you admitted without the consent of the complainant you took his horse and sold it. Later the horse was recovered.
   
3. This court is satisfied about your plea and convicts you for the offence.
   
4. Maximum penalty for this offence is 10 years imprisonment.
   
5. In William Prasad V State [2010] it was held that tariff for simple larceny on first conviction is 2-9 months; on a second conviction, sentence in excess of 09 months and in case of large amount, 1 ½ years to 3 years.
   
6. In Niudamu V The State [2011] FJHC 661 the tariff was set down as 2- 9 months .
   
7. Considering the summary of facts I take 09 months imprisonment as the starting point for your sentence.
   

Aggravating factors

8. The value of the horse is around $700. 00. This is a substantial amount in an area like this. Therefore this will be taken as an aggravating factor and I increase your sentence by 03 months. Now your sentence would be 12 months imprisonment.
   

Mitigating factors

9. The learned duty solicitor has submitted the following factors as your mitigating factors.
   

(a) First offender

(b) Married with children

(c) The property was recovered

(d) Early guilty plea

10. For the above mitigating factors your sentence would be reduced by 06 months to reach 06 months imprisonment.
    
11. The Sentencing and Penalties Decree has given this court the power suspend a sentence which is below 02 years.
    
12. This court is willing to give you a chance to reform considering your past good behavior and your conduct in the court.
    
13. Therefore I sentence you to 06 months imprisonment and suspend that sentence for 3 years.
    
14. If you commit any crime during the period of 3 years and found guilty by the court you can be charged under s. 28 of the Sentencing and Penalties Decree.
    
15. 28 days to appeal
    

01/10/2012

H.S.P.Somaratne
Resident Magistrate, Navua